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SR-203-000-01 . e z c '3--- 000..- 0/ j9~~ CA:RMM:jld544/hpc City Council Meeting 1-8-91 Santa Monica, california TO: Mayor and City Council FROM: City Attorney Ordinance for Introduction and First Reading Amending and First Reading Amending Chapter 6.5 of the Santa Monica Municipal Code Relating to Revenue Bonds SUBJECT: This report recommends that the city Council introduce for first reading the accompanying ordinance amending Chapter 6.5 of the Santa Monica Municipal Code relating to the issuance of revenue bonds. The proposed ordinance amends in its entirety the present city law that governs the issuance of revenue bonds. The ordinance clarifies that the city will follows state law except where noted. The principal reason for amending the current City law is to allow the city to issue revenue bonds for a broader range of matters. The current City law is more restrictive than state law and among other things prevents the City from issuing revenue bonds that could be used to finance improvements to the city's waste water handling and treatment facilities. The amendment permits revenue bonds to be issued for any purpose permitted by state law, including improvements to the Hyperion water treatment facility. 3-B JAN 8 :,;r,~ '..:v: . . In addition, the amendment expands the ways in which the City can arrange for the sale of revenue bonds. Under the proposed change, the City can proceed by way of bid, negotiated sale or any other agreement that the City Council determines to be in the interest of the city. Recommendation. It is recommended that the accompanying ordinance amending Chapter 6.5 of the Santa Monica Municipal Code be introduced for first reading. Prepared by: Robert M. Myers, city Attorney Joseph Lawrence, Assistant City Attorney . . CA:RMM:jld534/hpc City council Meeting 1-8-91 Santa Monica, California ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 6.5 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO REVENUE BONDS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 6.5 of the Santa Monica Municipal Code is amended to read as follows: Chapter 6.5 - REVENUE BONOS SECTION 2650. Purpos... The city council, exercising the powers reserved to the Ci ty under sections 6 and 8 of Article XI of the Constitution of the State of California and section 400 of the city Charter of the City of Santa Monica may, when the public interest and necessity require, by resolution or resolutions, issue revenue bonds for funds to acquire, construct, improve or finance any enterprise as defined in - 1 - ,. . . Section 54309 of the California Government Code. SECTION 2651. Procedure. (a) Except as otherwise provided for in this Chapter, revenue bonds shall be issued in accordance with the procedures of the Revenue Bond Law of 1941 (Chapter 6 of Part 1 of Division 2 of Title 5 of the California Government Code, commencing with Section 34300), in effect on January 2, 1991, the provisions of which are incorporated into this Chapter. Copies of the Revenue Bond Law of 1941 (as in effect on January 2, 1991), are filed for convenience in the office of the City Clerk. (b) The provisions of the Revenue Bond Law of 1941 set forth in sections 54380 throuqh 54388, inclusive, in section 54303, in section 54311, in Section 54354.5, in the second sentence . of subsection (b) of Section 54402, in Section 54404, in the second sentence of section 54418, in section 34422, in Section 54424, in Section 54515, in section 54521, in Section 54522, and in the last sentence of section 54661, and - 2 - t . . any other provisions of the Revenue Bond Law ot 1941 that are inconsistent with or conflict with the city Charter shall not apply to the issuance and sale of such revenue bonds. SECTION 2652. santa Monioa Provisions. The city of Santa Monica revises, amends, and supplements the provisions of the Revenue Bond Law of 1941 as follows: (a) "Fiscal agent" as used in this chapter shall mean any fiscal agent, trustee, paying agent, depository or other fiduciary provided for in the resolution authorizing the issuance of the revenue bonds. (b) uResolution" as used in this Chapter shall mean, unless the context otherwise requires, the instrument providing the terms and conditions for the issuance of the revenue bonds, and may be an - 3 - . indenture . resolution, ordinance, order, agreement, or other instrument in writing. (c) Credit Enhancement Agreements. In connection with, or incidental to, the sale and issuance of the revenue bonds, the City may enter into such credit enhancement or liquidity agreements, with such payment, interest rate, security, default, remedy, and other terms and conditions as the City Council shall determine are in the public interest. SECTION 2653. Name. This Chapter shall be known as the Santa Monica Revenue Bond Act. SECTION 2654. Construction. The powers conferred by the provisions of this Chapter are in addition and supplemental to the powers conferred by - 4 - . . the City Charter, or any other ordinance or law. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without reqard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspape~ within 15 days after its adoption. This Ordinance shall become effective after 30 day. from its adoption. APPROVED AS TO FORM: ~~~ ROBERT M. MYERS - city Attorney - 5 -